Prabhakar Savitra More and Anr. v. Appasaheb Babanrao Dhyabar and Ors.
Case brief
What is this about?
Bombay High Court, Writ Petition No. 12411 of 2019 with I.A. Nos. 1302, 1305 and 1303 of 2026, order dated 16 March 2026 by Gauri Godse, J. Petitioners Prabhakar Savitra More and Anr (original plaintiffs; counsel Prajakt M. Arjunwadkar with P.S. Hande and J.B. Gharat) sought substituted service on respondent nos. 3, 4 and 7 in a petition arising from a suit dismissed against defendant nos. 3 and 4 for non-payment of process fee. Notices returned 'address incomplete' (respondent nos. 3 and 4) and 'left her room and went to village before 10 years' (respondent no. 7); respondent no. 7 earlier served at same address in trial court; updated addresses furnished 25 February 2021 but title unamended and no notice issued. Held: substituted service by newspaper publication impermissible without regular-mode attempt; interim applications rejected; last chance of three weeks to supply correct address of respondent nos. 3 and 4, else petition to be dismissed; listed 15 April 2026. Keywords: substituted service, newspaper publication, address incomplete, bailiff remark, process fee, last chance.